South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 163

163—Protection of identity of persons who report to or notify Department

        (1)         A person who receives a report or notification that a child or young person may be at risk, or who otherwise becomes aware of the identity of a person who has made such a report or notification, must not disclose the identity of the person who made the report or notification to any other person unless the disclosure—

            (a)         is made with the consent of the person who gave the notification; or

            (ab)         is required or authorised by the Chief Executive or under this Act; or

            (b)         is made by way of evidence adduced in accordance with subsections (2) and (3); or

            (c)         is otherwise authorised by the regulations.

Maximum penalty: $10 000.

        (2)         In proceedings before a court or tribunal—

            (a)         evidence that directly or indirectly discloses the identity of a person who made a report or notification referred to in subsection (1) cannot be adduced without the permission of the court or tribunal; and

            (b)         a party or witness must not, without the permission of the court or tribunal, be asked, nor required to answer, any question that cannot be answered without directly or indirectly disclosing the identity of a person who made a report or notification referred to in subsection (1).

        (3)         A court or tribunal cannot grant permission under subsection (2) unless—

            (a)         the court or tribunal is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or

            (b)         the person who made the relevant report or notification consents to the admission of the evidence in the proceedings.

        (4)         An application for permission under subsection (2)—

            (a)         must not, except as authorised by the court or tribunal, be heard and determined in public; and

            (b)         must be conducted in such a manner as to protect, so far as may be practicable, the identity of the person who made the relevant report or notification pending the determination of the application.